Category: Court of Protection

Abortion, mental incapacity and prior intentions: Court of Protection Clarifies the law – UK Human Rights Blog

Posted February 26th, 2016 in abortion, consent, Court of Protection, domestic violence, medical treatment, news by tracey

‘An NHS Trust v CS (By Her Litigation Friend, the Official Solicitor) ] EWCOP. The Court of Protection does the work of Solomon on a daily basis. Matters of life and death are brought before it, and with them come a mass of conflicting rights, overlapping statutes, and an array of case law from which arguments can be drawn. At the end of it, an individual judge must make a stark decision, which may have the most profound impact on another human being. One of those charged with making such decisions once divided the advocates who appeared before him into those who complicate and those who clarify. There is no surprise as to which he preferred.’

Full story

UK Human Rights Blog, 26th February 2016

Source: www.ukhumanrightsblog.com

The pints of justice? Could courts cases be heard in pubs? – Daily Telegraph

Posted February 24th, 2016 in budgets, civil justice, Court of Protection, courts, criminal justice, licensed premises, news by sally

‘Lord Chief Justice appears to agree with calls to have cases heard in hotels and pubs as one in five courts are closed.’

Full story

Daily Telegraph, 23rd February 2016

Source: www.telegraph.co.uk

Judge orders caesarean if needed for mentally ill mother-to-be – The Guardian

Posted February 11th, 2016 in birth, Court of Protection, health, medical treatment, mental health, news by sally

‘A specialist judge has given doctors permission to perform a caesarean section to deliver the baby of a 21-year-old woman detained under mental health legislation.’

Full story

The Guardian, 11th February 2016

Source: www.guardian.co.uk

PJV v Director of Adult Social Care Newcastle City Council and another – WLR Daily

Posted February 1st, 2016 in appeals, compensation, Court of Protection, criminal injuries compensation, law reports, trusts by tracey

PJV v Director of Adult Social Care Newcastle City Council and another: [2015] EWCOP 87; [2015] WLR (D) 560

‘There was no need for an application to the Court of Protection to finalise an award to an incapacitated person that the Criminal Injuries Compensation Authority decided should be held on trust, since a deputy appointed by the Court of Protection could be authorised to negotiate and finalise the terms of such an award.’

WLR Daily, 18th December 2016

Source: www.iclr.co.uk

Court of Protection prepares to open up – Courts and Tribunals Judiciary

Posted January 29th, 2016 in Court of Protection, media, pilot schemes, press releases, reporting restrictions by tracey

‘A pilot scheme begins today which will see the public and media gain access to Court of Protection hearings across England and Wales for the first time.’

Full press release

Courts and Tribunals Judiciary, 29th January 2016

Source: www.judiciary.gov.uk

We must choose our words carefully when covering complex legal cases – The Guardian

Posted January 19th, 2016 in Court of Protection, media, medical treatment, mental health, news by sally

‘A recent case that caught the public’s attention shows how writers’ choice of words can, however unintentionally, create a misleading impression.’

Full story

The Guardian, 18th January 2016

Source: www.guardian.co.uk

Lawyer takes charge of financial affairs of titled woman who was last patient to undergo ‘lunacy inquisition’ – Daily Telegraph

Posted January 14th, 2016 in Court of Protection, mental health, news, powers of attorney, solicitors by sally

‘The woman, who is in her late 70s, underwent a frontal leucotomy in 1962 to cut nerve fibres in the brain.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Woman with late-stage MS dies after ruling to stop artificial feeding – The Guardian

Posted December 18th, 2015 in consent, Court of Protection, disabled persons, elderly, medical treatment, news by tracey

‘A woman in her late 60s who was “locked into the end stage” of multiple sclerosis has died about a month after a judge allowed medics to cease artificial feeding, lawyers say.’

Full story

The Guardian, 18th December 2015

Source: www.guardian.co.uk

The “socialite” who rejected life saving treatment – UK Human Rights blog

Posted December 4th, 2015 in consent, Court of Protection, medical treatment, news by tracey

‘King’s College Hospital NHS Foundation Trust v C and another [2015] EWCOP 80. A woman who suffered kidney failure as a result of a suicide attempt has been allowed to refuse continuing dialysis. The Court of Protection rejected the hospital’s argument that such refusal disclosed a state of mind that rendered her incapable under the Mental Capacity Act. An adult patient who suffers from no mental incapacity has an absolute right to choose whether to consent to medical treatment. Continuation of such treatment is unlawful, even if the refusal seems irrational to others.’

Full story

UK Human Rights Blog, 3rd December 2015

Source: www.ukhumanrightsblog.com

Court grants woman right to die after ‘losing her sparkle’ – The Guardian

Posted December 2nd, 2015 in alcohol abuse, consent, Court of Protection, medical treatment, mental health, news by sally

‘Woman known as C is described as “impulsive and self-centred” but competent enough to refuse dialysis after destroying kidneys in suicide attempt.’

Full story

The Guardian, 2nd December 2015

Source: www.guardian.co.uk

Court of Protection scheme to hold more cases in public – BBC News

Posted November 20th, 2015 in Court of Protection, media, news, pilot schemes, private hearings by tracey

‘Journalists and members of the public are to be given greater access to the Court of Protection, where issues affecting sick or vulnerable people are heard – under a new pilot scheme.’

Full story

BBC News, 19th November 2015

Source: www.bbc.co.uk

MS sufferer should be allowed to die, says judge in landmark ruling – The Guardian

Posted November 20th, 2015 in Court of Protection, euthanasia, medical treatment, news by tracey

‘A woman in the end stage of multiple sclerosis has been granted the right to die, in a landmark legal ruling.
The woman’s daughter had told how her mother was “completely incapacitated” and had asked Mr Justice Hayden to allow doctors to stop providing “clinically assisted nutrition and hydration”.’

Full story

The Guardian, 19th November 2015

Source: www.guardian.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

Posted November 18th, 2015 in bail, barristers, bills, budgets, civil justice, closed material, costs, Court of Protection, criminal courts charge, criminal justice, diversity, DNA, expert witnesses, family courts, fees, forensic science, human rights, investigatory powers, judges, judiciary, law firms, legal aid, legal profession, legal representation, pilot schemes, sexual offences, solicitors, speeches by tracey

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted November 12th, 2015 in Court of Protection, deprivation of liberty safeguards, health, mental health, news, powers of attorney by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

Court of Protection upholds the right of a confused, lonely man to refuse treatment – UK Human Rights Blog

Posted October 16th, 2015 in consent, Court of Protection, medical treatment, mental health, news by sally

‘The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving amputation. This is an important judgement that respects an individual’s right to autonomy despite overwhelming medical evidence that it might be in his best interests to override his wishes. The judge declined to define the 73 year old man at the centre of this case by reference to his mental illness, but rather recognised his core quality is his “fierce independence” which, he accepted, was what Mr B saw as under attack.’

Full story

UK Human Rights Blog, 13th October 2015

Source: www.ukhumanrightsblog.com

Court of Protection Update (September 2015) – Family Law Week

Posted September 17th, 2015 in Court of Protection, family courts, news, practice directions, reporting restrictions by tracey

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable law and procedure pertaining to reporting restriction orders in the Court of Protection generally and further to the recent judgment in A Healthcare NHS Trust v P & Q.’

Full story

Family Law Week, 16th September 2015

Source: www.familylawweek.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

Posted September 7th, 2015 in Administrative Court, appeals, case management, Court of Protection, declaratory judgment, disabled persons, human rights, jurisdiction, news, statutory duty by sally

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

Full story

No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Court of Protection: Press will still need judge’s permission to attend hearings – The Independent

Posted June 29th, 2015 in Court of Protection, news, reporting restrictions by sally

‘Cases heard at Britain’s most secretive court will remain largely closed to public scrutiny after the Government decided not to change the law which obliges the media to apply in advance if they would like to attend.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk

Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

Posted June 18th, 2015 in appeals, Court of Protection, deprivation of liberty safeguards, human rights, jurisdiction, local government, news by sally

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

Full story

Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

Full story

Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk